Hi, all. This is probably a simple matter, but I thought it worth asking, anyway. I've written a short story, which I intend to direct, shoot, and edit. Before I wrote it, I put an ad out for someone to co-write, because my stories have a habit of being crap. The script I have needs adjustments, but is mostly written, and I don't want to hand a copy over to the guy who answered my ad, until I have his signature on some kind of contract, so he doesn't claim to have written it, when he's only made a few tweaks. Is there some standard contract I can use, include by reference, or otherwise build on, that will ensure he has the right to work on it, be credited for his input, etc., but not take off with it and make derivative works, or otherwise plagiarize it? I live in the UK, which is where all work for the entire project will take place. At the moment, I have no plans to release the film. It's just to get me into university. But I think the university puts student films on the net, so I need to take that into consideration in my contracts. I hope this makes sense, and would very much appreciate any help I can get on this matter. Thanks in advance! TT
Tiniest of projects : Legalities
- Thread starter T:T
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Randall_Oelerich
Veteran
Two thoughts come to my mind. Why don't you consider registering the copyright for your script or story as is, before you bring someone else on board, then you have protection and proof of your creative work. Not sure how that is one in the UK. In the USA it is a simple matter of doing it online for $35 with the US Library of Congress Copyright Office. Consider if you really need a co-writer on board if all it needs is tweaking; you might considering having a reader like Scott The Reader (google that) look it over and give you some constructive feedback with ideas for improvement, or google Alex Whitmer; both do that for very reasonable fees. I just had Scott review a short of mine, 18 pages, for $30. Alex Whitmer is a user here on dvxuser.com and has very affordable prices for that service too.
Copyright is automatic in the UK, at least for most creative works, if not all. Is copyright all I really need, though? I was under the impression I would need some signed contract where anyone touching the script agrees that they are not becoming part-owner of it as a result of their input. And you're right. Having looked over my script again, I am starting to think I don't need a co-writer for this one. I just wanted someone with writing experience to smooth out the bumps. Thanks, Randall. TT
Randall_Oelerich
Veteran
I don't know about the UK, but in the US copyright is automatic once you create an original work. But that gives little protection. Registering copyright (a poem you write on a napkin or whatever, a script, etc) with the US Lib of Congress Copyright Office gives powerful legal rights and remedies should someone steal your work and call it theirs or make derivative works.
I do not think someone giving feedback or suggestions to improve a script would alter your sole authorship of the work, because you are still the screenwriter (author) even if you use such suggestions/feedback, because you are putting those suggestions into the tangible form of expression (a poem, a script, etc).
Copyright is all about the tangible form of expression of an idea (the script, novel, poem, etc) not the idea (suggestions, feedback) itself. But I am not a lawyer, that is just my take on it, perhaps others can chime in here and agree or disagree. As always, see legal counsel on this so you do not sue me for my opinion. =)
I do not think someone giving feedback or suggestions to improve a script would alter your sole authorship of the work, because you are still the screenwriter (author) even if you use such suggestions/feedback, because you are putting those suggestions into the tangible form of expression (a poem, a script, etc).
Copyright is all about the tangible form of expression of an idea (the script, novel, poem, etc) not the idea (suggestions, feedback) itself. But I am not a lawyer, that is just my take on it, perhaps others can chime in here and agree or disagree. As always, see legal counsel on this so you do not sue me for my opinion. =)
Ok, I'll see which equivalent services we have over here. I thought automatic copyright was supposed to protect you from plagiarism, etc., as soon as you made the work.
I have a few actors who will work for nothing on this film. Obviously, I want to credit them for their input. That's a given. But regarding contracts, I was going to have them sign a release. Provided that release is air-tight, is there anything else I need to have to stop them suing me for publishing their work (ie; their acting in my film)?
Sorry. This stuff might be pretty basic to most people here, but I'm new to the whole industry...
Thanks, again, Randall.
TT
David W. Richardson
Chapelgrove Films
Automatic copyright does protect you from plagiarism -- but if two people are both claiming to have written a particular work, then it's up to a court to decide who had it first. A registered copyright gives a legally specific date on which that work belonged to you. Unless someone else can produce absolute proof that the work existed in their possession prior to your copyright date, the court will side with you.
As to your other question.... A release gives you permission to use the actor's image, voice and performance in your film. A contract specifies how much an actor will be paid (among other things) for appearing in your film. To fully protect yourself, have both. Pay the actor a token sum (a dollar, a Euro, or whatever). With both documents -- properly written, signed and executed -- you should be fully protected. (Make sure all people signing the documents are of legal age and use their full legal names.)
Ok, so the release is short, then. Just giving permission to use their 'impressions' in your work, and not making mention of payment. Is that right?
Is there somewhere I can find out what should be covered by the contract?
I've found some places that have samples, but they seem to be for much bigger productions, and I'm not sure they apply to smaller ones.
Btw, when you say "properly written, signed and executed", what do you mean by executed? Assuming the paper work is all in order, and properly signed, what's left?
Am I just being a lame-brain here? :huh:
TT